Trial ordered in toy-stashing case

SAN DIEGO COURTS 
A longtime foster mother accused of stashing and selling thousands of toys meant for needy children was ordered yesterday to stand trial on charges of grand theft and embezzlement.

Virginia Prieto Kelly, 74, of San Ysidro – a respected volunteer and leader in the local foster parent community – faces a possible sentence of up to four years in prison if convicted. She was arrested April 1 and released on a promise that she will attend court proceedings.

Her next hearing is scheduled for June 11 in San Diego Superior Court.

Prosecutors say Kelly, a 2006 recipient of a national award for public service, stockpiled thousands of toys, blankets and clothes provided by the Marine Corps' Toys for Tots program, the Child Abuse Prevention Foundation and the Polinsky Children's Center.

Kelly allegedly kept the items at her home and other locations, and asked others – including her son – to sell some toys on her behalf.

In an interview with an investigator, Kelly said she kept some of the best toys to distribute to children at other times during the year, including the next holiday season. She denied selling any toys.

Citing testimony from a preliminary hearing, Judge Margie G. Woods said the evidence showed Kelly had kept the donated toys, failing to distribute them within a reasonable time frame. The judge said some items may have been sold at a garage sale or swap meet, but “it doesn't appear like much was sold.”

Defense lawyer Thomas Matthews argued that Kelly might have mismanaged the toy distribution, but didn't commit any crimes. He said Kelly kept some of the better gifts to give out later, in case donations dried up.

Deputy District Attorney Christine Ryan argued that Kelly lied repeatedly when interviewed by an investigator, and that she later tried to hide 3,000 toys in a Chula Vista storage facility. Kelly asked other organizations for toys during the past holiday season, even though she had thousands on hand.

“These things were not given to Mrs. Kelly, they were entrusted to Mrs. Kelly,” Ryan said in court. “They were entrusted to her to be given out, and she broke that trust.”